Legal notes to copyright registration in Iceland

Legal notes to copyright registration in Iceland

Copyright registration in Iceland. Iceland is a Nordic island country in the North Atlantic Ocean and the most sparsely populated country in Europe. Iceland has a market economy with relatively low taxes, compared to other OECD countries, as well as the highest trade union membership in the world. It maintains a Nordic social welfare system that provides universal health care and tertiary education for its citizens. Iceland ranks high in economic, democratic, and social stability, as well as equality, ranking third in the world by median wealth per adult. In 2020, it was ranked as the fourth-most developed country in the world by the United Nations’ Human Development Index, and it ranks first on the Global Peace Index. Iceland runs almost completely on renewable energy. Accordingly, many businesses want to enter this market and one of the most important preparations a business needs to take before expanding to this country is to learn the procedure of copyright registration in Iceland.

Copyright in Iceland

Unlike other intellectual property rights such as trademarks, patents, industrial designs, plant varieties, etc., copyright does not need to be registered for protection but will be automatically protected from the time the works are created.

The creation must be visible in a certain material form, like content, quality, form, medium, language, published or unpublished, registered or unregistered.

Accordingly, whether registered or not, the copyright to the work will still be protected. However, the creator should still apply for copyright registration early because early registration will give the author/owner of the work many advantages in the event of a dispute.

When unauthorized use of work occurs around the world, the owner of a work who has registered copyright in advance will not have to waste time and complicate matters with proving himself/herself to be the legitimate owner of the work.

Thereby, in order to avoid passivity, the owner of the work should make a copyright registration to protect their rights and interests when there is an infringement.

Copyright registration in Iceland

Iceland is a member country of The Berne Convention for Copyright since 1947.

The Berne Convention for the Protection of Literary and Artistic Works (the Berne Convention) is an international agreement governing copyright. The agreement was first accepted in Berne, Switzerland, in 1886.

As Iceland is a contracting party of the Berne Convention, any work originating in Iceland will be given copyright protection in each of the Berne Convention member countries.

In most countries, copyright protection is automatic as soon as the work existed in material form. However, the copyright registration in Iceland is critical in order for the copyright owner to obtain evidence of copyright.

Evidence of copyright is extremely important even when the works are automatically protected according to copyright law.

When registering, the work will get an application submission date, as well as information about the creation and proof of creative concept and development. This provides unambiguous proof of authorship and ownership that can’t be denied.

Proof of copyright is essential in an age when the publishing, dissemination, and theft of material is extremely easy with the exposure of the Internet.

If copyright registration is not made, copyright owners will lose a big amount of money as well as time attempting to fight copyright issues and prove ownership of the original work.

If the copyright owner has already registered for copyright protection to the IP office, they would have a strong legal foundation which would increase their chance of winning against the violating parties.

Documents for copyright registration in Iceland

To obtain copyright registration in Iceland, the author of the work needs to prepare the following documents:

  • Declaration of copyright registration in Iceland;
  • Two copies of copyrighted work;
  • Documents proving the right to apply;
  • Written consent of co-authors, if the work has co-authors;
  • Written consent of the co-owners, if the copyright is jointly owned;
  • Notarized identity card of the author or owner of the work;
  • Power of Attorney, if the applicant is an authorized person;
  • Notarized copy of the company’s business registration certificate (if the owner is a company).

The copyright law of Iceland

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Copyright Act (Act No. 73/1972 of May 29, 1972, as amended up to Act No. 90/2018 of June 27, 2018) as the main copyright law enacted by the legislature of Iceland. WIPO holds the text of this law in Icelandic with an automated translation tool, in their WIPO Lex database. The Patent Office holds an English-language translation up to 2010.

In addition, there are also the following notes on documents related to the government of Iceland:

  • Acts, regulations, administrative provisions, court rulings and similar official documents, as well as the official translation of such documents, are not copyrighted.
  • In addition, unless prohibited by court order, it is permissible to print, make an audio recording, or otherwise copy and present proceedings of public meetings of official representatives and documents publicly submitted during such meetings which concern such representatives, and “debates on questions concerning the public good which take place at gatherings to which the public has access or are broadcast”.

You can see a list of Iceland IP firms here.